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TRANSPORTX USER CONTRACT

INTRODUCTION

Transportx and the user, by this contract, will be deemed to have accepted the below mentioned rules and terms related to the usage of the services provided on the internet address http://www.transportx.com belonging to Transportx. The user declares that he has read and been informed of the qualities of the services, contents of service, usage price of services, and contract terms and given necessary confirmation on the electronic media.

DEFINITIONS

Transportx: It means Jet Partner Havacılık Tic. Ltd. Şti.
The User: It means Person, Corporation or Institution which applied to benefit from the service and/or services and formed a customer record.
The Services: They mean all the services provided, offered and sold on the internet site http://www.transportx.com.

  1. THE RIGHTS AND LIABILITIES OF THE PARTIES
    1. Service Details
      1. Transportx provides the software program via Internet to the User.
      2. Transportx will grant the usage right of the software to the User for FREE. The software ensures the User to access to the user platform of Transportx in solely agreed context and period. In the case that the service used by Transportx is not technically accessed or not accessed by other reasons not caused by Transportx or in those cases that the faults are inevitable according to the technical reasons during accessing, in order that Transportx goes on providing the contract services, the times it has to maintain are except for it. Transportx will make a point of programmable periodic maintaining or updating out of working hours as far as possible but Transportx has the right to temporarily cease the service by informing the User beforehand or without informing, by reason of faults to be occurred in the system and/or in the version update.
      3. The choice, supply and use of necessary software and remote data access possibilities will be realized only by the User providing that approved users and under the responsibility of the User.
      4. Transportx, within the scope of developing the products and optimizing, unless the service features are not limited, has the right to make changes in the products. The User accepts, declares and guarantees that he, in advance, confirmed those changes.
      5. The usage right is valid for only entering and examining the data peculiar to the trade at the regular commercial enterprise. All information given by the User to Transportx must be realistic and upon request must be documented to the Transportx system. All documents and information requested for the membership must be completely filled, without using special fonts or addition space, in smooth letters, by entering right information to the foreseen access area. If the data entry does not comply with those criteria, Transportx reserves the right to automatically delete those presentations without giving any notice.
    2. Right of Use

      1. The right of use provided by this contract is valid for that only the User is to access to the Transportx user platform in user’s business corporation per the free or independent branch and for the number agreed with the User. The User is liable to inform the people or the identities of those people and the duties of them who will benefit from the right of use provided with this contract to Transportx. The said right of use is not exclusive and it cannot be transferred by the User to the third parties. The User act knowingly that the usage right provided with this contract is limited with only him or the authorized legal entity and informed to Transportx according to the current regulation. The User is responsible for the activities of the person or people benefitted from those rights. For that reason, the User cannot make other people, corporations or institutions or branches use this usage right provided by Transportx to himself, sell, rent and transfer. In such a case, Transportx has the right to temporarily or permanently cease the service it provided to the User and terminate the contract and demand clause penal.
      2. The facile offers, ad notices, general investigations, and the usage that obstructs and prevents the software to be used by the other users to establish data base, damages the third parties or violates the current laws and moral principles are prohibited. In case the User violates this article, he accepts and declares beforehand that he will be responsible for all kind of direct or indirect sanctions or indemnifications before official authorities or the third
      3. The data provided by the software can only be printed on the current printing function. It is necessary to take written consent of Transportx for automatically benefitting from software. Beside this, the information taking place in Transportx content cannot be published on another web page without written consent of Tranportx. Otherwise, the User accepts and guarantees that all kind of liabilities to be occurred will belongs to himself and he will responsible for all damages and costs of Transportx and the third parties and any sanction and indemnification related to Transportx will be returned to himself.
      4. The User accepts beforehand that the information on the internet media that he accessed to via software provided according to this contract is correct and there is not any responsibility of Transportx for copyrights of those data and suitability for relevant regulation and public decency. However, if Transportx will prevent the User to violate the current laws and conduct disorderly, it reserves the right to cease the connection of the User with user platform and delete the data without notice. The same right is valid for software, an application or for that the User endangers the user platform of Transportx. While the User, in this context of contract provisions, benefits from the services provided by Transportx, the User accepts and guarantees that, in all transactions and applications to be done in user platform, he will use it for the purposes suitable for Turkish Criminal Law, Turkish Commercial Code, Code of Intellectual and Artistic Works, and he will not violate the regulations, declarations, notices published by Telecommunication Institution, and other relevant national and international agencies and institutes, and the Trademark, Patent Rights and other law and legislations and rules, and he will use the services for the purposes suitable for national and international legislations, otherwise he will be responsible for all kind of problems. In case the User behaves contrary to this article, Transportx has the right to terminate the Contract unilaterally by ceasing the service, the User is liable to compensate all damages, costs and various expenses caused by the all penal and lawful sanctions Transportx suffers or will suffer.
      5. The User, within the services, declares, accepts and guarantees to comply with all warnings and notices published by Transportx.
    3. Equal Treatment, Sub-Licenses, Reserved Rights, Data Protection
      1. The Software authorizes the User to access to the system with the equal rights of the other users.
      2. This contract does not give the right to User to make sub-license or transfer the data or usage possibilities to the third parties, and also to use the software in his patent rights related to his data processing technique. The User can never make any change on the software and nor use software in other ways not allowed in this Contract. The software and its source code are kept according to the copyrights law. Property of software belongs to Transportx.
      3. The User is obliged to acquaint Transportx with any usage of the third parties, violating rules of use of this contract or any demand against him or Transportx in order to defend juridical. The User accepts, declares and guarantees that he will not behave against Transportx about the said demand and he will ensure all kind of information, help and authority to Transportx.
      4. The User does not have the right to demand the continuous consultancy about the software technique, the updates or other data carriers and source code. The source codes belonging to the permitted access to Transportx content cannot be copied for any reason, directly or indirectly. It is forbidden for the User to use the licensed software in order to develop the software technique, to make its copies for the changed versions or the third parties and other users. It is necessary to make a written agreement about the priced addition software for any use except for this, even if this usage is a kind of copying or parallel using or using by turns in various offices, business organizations, and/or branches. In case it is determined that the license is misused by the User except for the purposes declared in this Contract, or the User violates the above mentioned rights, the User accepts, declares and guarantees that he will pay for price of damages and profit to Transportx in advance.
      5. The User accepts and declares that Transportx has the right to get information from commercial knowledge institutions about him and to use the commercial data of the User in order to contract and carry out the contract rules.
      6. The User accepts, declares and guarantees that the information and documents he gave to Transportx within the scope of this contract are correct. All kind of liabilities belong to the User if the User gives wrong, deceptive information and document. The User is responsible for all lawful and penal sanctions and damages and costs resulting from that the information, data, declaration and documents are illegal and the said documents are not true. Unless the changes to be occurred in the information and documents provided by the User to Transportx are not informed to transportx in written, those changes, even if they are announced, are not binding for Transportx. For that reason, the User is obliged to inform Transportx all the changes to be occurred in his company latest within 2 working days. The changes mentioned in this article contain the changes in the commercial registry of the company, address and title changes, and/or authorized signatures.
      7. The User accepts and declares that Transportx records the technical data of the user in order to develop the data transfer and data safety. The User accepts, declares and guarantees that he confirmed it beforehand.
      8. The User declares, accepts and guarantees that he has read all articles in this Contract understood and accepted and that he has confirmed the information he gave is true.
    4. Liability
      1. The User accepts, declares and guarantees that the software has been provided to the User within the scope of this contract provisions and without any guarantee and liability. The User has taken responsibility for use of the software. Transportx is only responsible for that the software is suitable for the scope agreed between Transportx and the User. Product declarations, brochures, and user information, provided by Transportx are all non-binding recommendations. The Parties agreed that Transportx is not responsible for and guarantee the quality of software and use purpose provided for the User. Transportx does not take responsibility for that the data given by the other users are updated, complete and true and the software is compatible with data media of the User and remote access connections.
      2. The information at internet pages of the third parties accessed by forming Hyperlinks and via Hyperlinks from main page of Transportx lies beyond the scope of Services given with this contract. These do not serve in closely determining the liabilities related to the contract services. Since the formed Hyperlinks or the pages accessed by Hyherlinks are not controlled continuously Transportx does not take any responsibility for their contents or if they are updated and true. Therefore, the User accepts that Transportx is not responsible for that the information on the internet pages is true or complies with the copyright, regulations and public decency and other features.
      3. The User cannot deem Transportx responsible for that the loss, damages on the data transfer and undesired results that the various users cause. Transportx does not take any responsibility for them. Transportx does not take responsibility for harmful software or program codes or attacks (viruses, Trojan horses, worms, etc.) downloaded to user platform from users or transferred from the offer attaches and spread and their results.
      4. The responsibility belongs to the User about the images, documents, official papers, tax form, trade registry and motor vehicle registration certificate C1/C2, K1/K2 etc.), and similar images or documents and copyrights, and about if the contents are lawful and contrary to public decency and penal sanctioning. The responsibility for the compensation against the third parties due to those images and materials belongs to the User.
      5. The User accepts and declares that he is responsible for all processes he will make with the help of software provided by Transportx and that he will not blame Transportx for the problems and damages met with those processes. The User knows that Transportx is not part of the agreement done with the help of software of neither Transportx, nor intermediary or transmitter of this declaration. Therefore, Transportx does not guarantee that the agreements done between users are duly executed or if the contract is duly executed. The User will be responsible for all processes that he will benefit and use due to this contract and he accepts and undertakes he will take all legal liability about illegal usage of the processes. Likewise, the User is responsible for controlling the data and information transferred by the third parties. For the problems arising from this topic, Transportx cannot be impeached.
      6. The User waives Transportx from all liabilities arising from that the user misuses the software.
      7. Transportx is responsible for the proposal knowledge and relevant declarations determined at the first data (binding data information on the condition that the date Transportx sends to provide service to the User),but after the first data exit from Transportx.
      8. The User, under any circumstances, cannot send, distribute or help distributed the software viruses or other computer codes, files or texts, communication, software, images, sound, data etc. designed to harm or prevent software functions and contrary to public decency, and national and international regulations, legislations and bulletins, and to violate patents, marks, trade secret, copyright, publication or registration rights of any party. In case the User behaves against this provision, he accepts and declares that he is responsible for all direct or indirect sanctions and compensations arising from those manners. All contractual and lawful rights of Transportx (including claim right for clause penal) reserved.
    5. Privacy Policy
      1. Transportx keeps the user information in the database hidden but the users are responsible for their password protections and they will be liable to the damages and costs arising from those manners. Transportx, except for the data, it kept hidden, is not liable for user errors and the accounts and hacked passwords which are not under the initiative of the users.
      2. The copyright of web page contents reserved. Transportx denies the current texts on web pages to be copied or changed or recorded partly or wholly. Because of copyright, it is forbidden to record or copy the images, materials or graphics on web page.
  2. DURATION OF CONTRACT AND TERMINATION
    1. This Contract is concluded for 1 year after the User accepts this contract in the internet media. After 1 year, if parties does not denial, membership will be automatically renewed. During a free trial term, there is a right of cancellation for both parties.
    2. This Contract can be terminated by Transportx without showing any reason. Transportx is not obliged to declare the termination reason in any circumstances. Transportx has the authority to cease the Services in the Contract in case the User violates the obligations mentioned in this Contract.
  3. MISSELLANEOUS PROVISIONS
    1. Notifications: The notification address of the User is the electronic mail address the User presented to Transportx. In case of change of user’s electronic mail address, this change will be informed to Transportx in three (3) days in written. Otherwise, the User accepts that the notifications done to the former electronic mail address will be valid and done to him. Once again, all notifications to be done by Transportx to User by using recorded electronic mail address of User will be considered that this mail has been notified to User after one (1) day it was sent by Transportx.
    2. Waive: That Transportx does not use any right for long or short time, or use in various way, or does not execute, does not mean that it waives the said right or the rule which is giving the said right is changed, and it does not prevent Transportx to use this right and perform.
    3. Divisibility of Contract: In case the application of one or more provisions of this Contract is contrary to law according to the relevant law and regulation, they will make a necessary attempt, within the scope of goodwill, to make alternative arrangements which are allowable and near to the said provisions of Contract.
    4. Settlement of Dispute: The Parties pre-accept the authority of Istanbul Central (Çağlayan) Court and Directorates of Bailiff and Execution is for all disputes related to the Contract to be occurred among them.


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